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- Volume 12, Issue 1, 2011
ESR Review : Economic and Social Rights in South Africa - Volume 12, Issue 1, 2011
Volume 12, Issue 1, 2011
Source: ESR Review : Economic and Social Rights in South Africa 12, pp 2 –3 (2011)More Less
The need to strengthen the protection of the rights of older persons has gained momentum in recent years. At the international level, there are calls for the adoption of a United Nations (UN) convention on the rights of older persons. Accordingly, a UN Working Group on Older Persons was established in 2010 to review the existing international framework on the rights of older persons and to identify gaps and how best to address them, including the possibility of additional instruments and measures. In the same year, the UN Commission for Social Development called on states to adopt appropriate measures in order to promote and protect the rights of older persons and provide them with economic and social security and health care. There is also an increased demand for the needs of older persons to be considered in efforts towards achieving the Millennium Development Goals. A Working Group on the Rights of Older Persons and People with Disabilities in Africa was established in 2009 to look at, among other things, the drafting of a protocol on older persons in Africa.
Author Sindiswa MathisoSource: ESR Review : Economic and Social Rights in South Africa 12, pp 3 –5 (2011)More Less
The Constitution of South Africa (the Constitution) provides for the justiciability of socio-economic rights. Section 27(1) provides that everyone has a right to have access to health care services, sufficient food and water, and social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. Similarly, section 26(1) provides that everyone has the right to have access to adequate housing. Section 27(2) provides that the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. These rights are applicable to everyone without discrimination.
The protection of the socio-economic rights of older women : an appraisal of General Recommendation 27 of the CEDAW Committee : featureAuthor Elvis Fokala MukumuSource: ESR Review : Economic and Social Rights in South Africa 12, pp 6 –8 (2011)More Less
Over the years, human rights bodies such as the United Nations (UN) and the African Union (AU) have placed extensive emphasis on the need to protect socio-economic rights, especially of vulnerable groups, including children and women. Consequently, the protection of women's rights, for example, has been the highlight of several human rights debates and gender-driven conferences and seminars. Surprisingly, these debates focusing on promoting and protecting women's rights have paid little attention to the protection of the socio-economic rights of older women. Arguably, this oversight has greatly hindered the expansion and understanding of the rights of older women in general and their socio-economic rights in particular.
The relevance of the International Covenant on Economic, Social and Cultural Rights for older persons in South Africa : conference paperSource: ESR Review : Economic and Social Rights in South Africa 12, pp 9 –12 (2011)More Less
The Universal Declaration of Human Rights of 1948 (UDHR) recognises that '[a]ll human beings are born free and equal in dignity and rights' (article 1). This equality in dignity and rights applies irrespective of age. The UDHR further states that '[a]ll are equal before the law and are entitled without any discrimination to equal protection of the law' (article 7).
Author Watson HamunakwadiSource: ESR Review : Economic and Social Rights in South Africa 12, pp 12 –13 (2011)More Less
The Millennium Development Goals (MDGs) were signed by 189 United Nations member states in 2000, following the Millennium Declaration. These fundamental development goals were meant to set the framework for achieving global development targets by 2015. The framework proclaimed global agreement on key issues facing the world and set a timeline to achieve them with known indicators to measure progress from country to country. The goals are: to eradicate extreme poverty and hunger; to achieve universal primary education; to promote gender equality and empower women; to reduce child mortality; to improve maternal health; to combat HIV / AIDS, malaria and other diseases; to ensure environmental sustainability; and to develop a global partnership for development.
Author Judith CohenSource: ESR Review : Economic and Social Rights in South Africa 12, pp 14 –15 (2011)More Less
The Older Persons Act 13 of 2006 (OPA) provides a solid framework for the promotion and protection of many socio-economic rights of older persons in South Africa, though not all such rights. It is therefore instructive to reflect on the process that led to the creation of this piece of legislation.
Advancing the socio-economic rights of older persons in South Africa : leaping the implementation barriers of the Older Persons Act : conference paperAuthor Jill AdkinsSource: ESR Review : Economic and Social Rights in South Africa 12, pp 16 –19 (2011)More Less
The Older Persons Act 13 of 2006 (OPA) has significant potential to make a positive impact on the socio-economic rights of older South Africans. With its regulations published only in April 2010 (Government Gazette No. 33075), however, implementation of the Act remains in its infancy. This paper calls for increased government and civil society awareness, commitment and coordination to bring the OPA to life.
The status of older persons in relation to the implementation of policies and legislation and challenges relating to social security : conference paperAuthor Roedolf KaySource: ESR Review : Economic and Social Rights in South Africa 12, pp 19 –20 (2011)More Less
South Africa's population is ageing: we have a falling birth rate and more people are living to a greater age. The HIV and AIDS pandemic is leaving a gap between the youngest and the oldest, placing new burdens on the older population and reducing their family support. While in most provinces the population of older persons is 6-8% of the total population, actual numbers of older persons vary widely. According to a Community Survey conducted in 2007 by Statistics South Africa, the number of people aged 60 and above ranged from 95 000 in the Northern Cape to more than 720 000 in the Eastern Cape and KwaZulu-Natal.
Author Monde MakiwaneSource: ESR Review : Economic and Social Rights in South Africa 12, pp 20 –21 (2011)More Less
In 2000, the world's elderly population stood at 600 million. By 2050 the figure is projected to reach two billion - equal, for the first time, to the child population (aged 0 - 14). Currently, persons aged 60 and above make up 10% of the world population, which is unequally distributed between the developed and the developing worlds: older persons constitute about 20% of the developed world's population and 8% of the developing world's (Mirkin and Weinberger, 2001: 41).
The quality of health care for older persons in South Africa : is there quality care? : conference paperAuthor Sebastiana Zimba KalulaSource: ESR Review : Economic and Social Rights in South Africa 12, pp 22 –25 (2011)More Less
South Africa has a multi-ethnic population, and the ethnic distribution of the older population (60 and older) is blacks 62.7%, coloureds 8.8%, Indians / Asians 3.9% and whites 24.5% (Statistics South Africa, 2010). For socio-political reasons, the majority of the black older population were disadvantaged throughout the course of their lives and suffered the cumulative effects in old age. The population is largely poor and depends on the state for income (a social pension), and for health and social care services, which has implications for future public sector care and service provision.
Supporting older caregivers to persons affected by HIV and AIDS : a policy framework : conference paperAuthor Sabela George PetrosSource: ESR Review : Economic and Social Rights in South Africa 12, pp 25 –28 (2011)More Less
This paper contextualises the problem of HIV and AIDS as it affects older people in South Africa, particularly individuals who are caregivers to family members infected with or affected by the disease. Based on the findings of an extensive, multi-method investigation conducted in urban and non-urban areas of three of South Africa's provinces (Petros, 2010), it offers a framework to guide policy-makers and planners in appropriate interventions to alleviate the plight of older caregivers and to support them in their contribution to the management of the epidemic. The policy framework is a response to a lack of dedicated policy and programmes to support older caregivers and older persons regarding HIV and AIDS in general, and is intended to encourage and guide key role-players to policy action.
Source: ESR Review : Economic and Social Rights in South Africa 12, pp 28 –29 (2011)More Less
The right to have access to adequate housing and the right to social security and assistance are guaranteed in the Constitution of South Africa to 'everyone' (sections 26 and 27). This includes older persons, who are widely recognised as a vulnerable vulnerable group requiring special attention. However, it is difficult to talk seriously about notions of active ageing in the community, or the socio-economic rights to decent housing and social security, if older persons do not have access to safe and affordable housing that costs no more than a third of their pension.
Basic rights vs basic needs : the socio-economic needs of older persons in relation to social and food security : conference paperAuthor Christelle CorneliusSource: ESR Review : Economic and Social Rights in South Africa 12, pp 30 –32 (2011)More Less
According to the South African Older Persons Charter (the Charter), which is due to be launched in 2011, the rights of older persons include the fundamental rights outlined in the Constitution of South Africa (the Constitution). These fundamental rights have to be protected and upheld in accordance with the Constitution, as well as United Nations (UN) General Assembly Resolution 46/91, which outlines principles for older persons that governments are encouraged to incorporate into their national programmes whenever possible.
Author Karen BorochowitzSource: ESR Review : Economic and Social Rights in South Africa 12, pp 32 –33 (2011)More Less
It is widely acknowledged that South Africa has one of the most rapidly ageing populations in Africa, with increasing numbers between 64 and 70 years of age (Marais, 2007: 14). In 2000, it had the second-highest number of older persons on the African continent, and a 2001 population census showed that about 7.3% of the total population in South Africa were 60 or older (Joubert and Bradshaw, 2006).
Author Elsette StrachanSource: ESR Review : Economic and Social Rights in South Africa 12, pp 34 –35 (2011)More Less
People, especially the vulnerable, have to be kept at centre stage in all development planning. It is thus important to understand, in practical terms, what is meant by a 'person-centred' approach in socio-economic, health care and development planning in South Africa. People-centred development planning (PCDP) is a fundamentally different way of thinking about, seeing and working with people, and especially vulnerable groups. It is a move from 'power over' relationships to a 'power with' relationship.
Source: ESR Review : Economic and Social Rights in South Africa 12 (2011)More Less
The workshop on the socio-economic rights of older persons, held on 22 February 2011 and hosted by the Community Law Centre at the University of the Western Cape, was attended by 45 representatives of civil society organisations, academia, research institutions, provincial parliament (Western Cape), state institutions and government departments.
Rural and urban older Africans coping with HIV / AIDS are nutritionally compromised. Journal of Nutrition for the Elderly, S. Kruger, E. Lekalakala-Mokgele and E. Wentzel-Viljoen : forthcoming publicationSource: ESR Review : Economic and Social Rights in South Africa 12 (2011)More Less
The paper describes the nutritional status of a group of rural and urban free-living African elderly surrogate parents caring for HIV and AIDS orphans and grandchildren. Data was collected using several methods, including anthropometry, biochemical analyses and quantitative questionnaires. The data showed that the diets of the older participants were marginal.